Can I take my daughter and leave my wife . It's like she doesn't want to be with me anymore. I just want my daughter And move back to WA with my family.

Once the legal process has begun, she can petition the courts to keep you from moving away with the child. If you truly think your daughter would be better off so far away from her Mother, and you have a Mother-replacement lined up (grandmother etc) then move before the divorce is filed. A court cannot order you to move states. You will need to file for sole custody to keep your daughter in WA. Good Luck to you. Remember your daughter's feelings in all this are of the most importance.

Quote:

---

Originally Posted by BethVader

Once the legal process has begun, she can petition the courts to keep you from moving away with the child. If you truly think your daughter would be better off so far away from her Mother, and you have a Mother-replacement lined up (grandmother etc) then move before the divorce is filed. A court cannot order you to move states. You will need to file for sole custody to keep your daughter in WA. Good Luck to you. Remember your daughter's feelings in all this are of the most importance.

---

We move to Texas together , and now she trying to kick me out . That why I want to move back home. Can she call the cop on me for kidnapping?

Right now you both have equal rights to the child. And absent any court orders you can move and it wouldn't be considered kidnapping unless you hide from the mother.

However, If you move, what can happen is she will file for divorce in TX. TX will then have jurisdiction. She will claim that you took the child without an agreement and the
TX court will, very likely, award her custody. If that happens, while the courts can't order you to move, they could order the child back.

I suggest you get an attorney and file for divorce and full custody in TX so you are free to move with your daughter.